Dumell v. Terstegge

The complaint alleged that the appellants made a mortgage of real estate to secure the payment of a note; that the note, though overdue, was not paid; and that the mortgage and note were filed with the complaint, etc. The note filed appears to he executed by J. Dumell and Ann M. Dumell, and does not bear interest from date. The mortgage describes a note of like date, executed by Jesse Dumell, bearing interest from date.

The defendants filed separate demurrers to the complaint, showing for cause that it did not state sufficient facts. The overruling of these demurrers is the only error assigned.